Terms of Service
By using the the web site (“Service”) of New Music USA (“we”, “us”, “our”), the user (“you”, “your”) agrees to be bound by the following terms and conditions (“Terms of Service”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If New Music USA makes material changes to these Terms, we will notify you by posting a notice on the Service before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.newmusicusa.org/terms-of-service.
Violation of any of the terms below may result in the termination of your Account. While New Music USA prohibits certain conduct and Content on the Service, you understand and agree that New Music USA cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
- You must be 16 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your or your organization’s name, a valid email address, and any other information requested in order to complete the registration process.
- You are responsible for maintaining the security of your or your organization’s account and password. New Music USA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Support for New Music USA services is available only in English, preferably via email at firstname.lastname@example.org.
- You understand that New Music USA uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with New Music USA.
- You may use the New Music USA service solely as permitted and intended and for no other purpose. You may not use New Music USA’s service in violation of New Music USA’s trademark or other rights or in violation of applicable law.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by New Music USA.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any New Music USA employee, officer, or user will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Questions about the Terms of Service should be sent to email@example.com.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by uploading your Content, you agree to allow others to view your Content as dictated by your use of privacy options.
- New Music USA does not pre-screen Content, but New Music USA and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.You shall defend and hold harmless New Music USA against any claim, demand, suit, or proceeding made or brought against New Music USA by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes, or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify New Music USA for any damages finally awarded against, and for reasonable attorney’s fees incurred by, New Music USA in connection with any such claim, demand, suit, or proceeding; provided, that New Music USA (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases New Music USA of all liability); and (c) provides to You all reasonable assistance, at Your expense.
Uploading Content to the Service
Whenever you provide us with Content to upload to the Service or make use of a feature that allows you to upload Content to the Service, or to make contact with other users of the Service, you must comply with the Content standards set out in these Terms of Service. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. Any Content you upload to the Service or provide to us to upload to the Service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose to third parties any such Content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any Content you provide to us to post, or posted by you or any other user of the Service. We have the right to remove any posting you make on the Service and any posting you provide to us to post on the Service if, in our opinion, your post does not comply with the Content standards set out in these Terms of Service. The views expressed by other users on the Service do not represent our views or values.
GRANT OF RIGHTS
By posting a Media File (mp3, jpg, SoundCloud link, YouTube link, Vimeo link, etc.) or providing us a Media File to post, the User grants New Music USA a non-exclusive, world-wide license to perform, display, distribute, alter, and reproduce that Media File via the internet, including, in the case of sound files, as an interactive (i.e. on-demand) digital stream transmitted over the internet. It is understood that New Music USA will not receive any direct compensation for any such use of the Media File. The User further grants New Music USA the right to use and publish and permit others to use and publish the name(s) and/or biographical information of any individual artist(s) performing on the Media File and/or artist(s) whose work(s) are embodied on the Media File. The term of this license shall begin on the date of posting and shall continue unless and until the User removes the file or unless and until the Licensor notifies New Music USA in writing of its desire to terminate the license. If Licensor notifies New Music USA in writing of its desire to terminate the licence, such termination shall be effective no later than 14 days following receipt.
WARRANTIES AND REPRESENTATIONS
With respect to each Media File posted or provided to us to post, the user expressly represents and warrants to New Music USA that: (a) the User has all rights necessary to post that Media File and to grant New Music USA the license contemplated herein; (b) the User has, and will furnish promptly following a request by New Music USA (which request may be made at any time), written documentation confirming that the user has all necessary rights from any and all third parties to grant New Music USA the license contemplated herein; (c) the User has obtained the consent of the copyright holder(s) of the work(s) included on the Media File; (d) that all information provided to New Music USA by the User is, to the best of the User’s knowledge, true, accurate and complete; and (e) any use of that media file by New Music USA or any user of the Service, as contemplated herein, shall not infringe the rights of any third party.
COPYRIGHT ACT AGENT
New Music USA respects the copyright and other intellectual property rights of others. If you believe that your work (or a work owned and/or controlled by you) has been used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent listed below (note: in order to be effective, the Notice must contain all six pieces of information):
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest(s);
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; and
- A statement made by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Service can be reached as follows:
By mail:Attn: Copyright Agent New Music USA, 90 Broad Street, Suite 1902, New York, NY 10004
By phone: (212) 645-6949
By e-mail: firstname.lastname@example.org
What personal information we collect:
- We collect your name and email address, which are required to use the Service.
- We may collect other information provided when you choose to use certain optional tools on the Service. This information is voluntary and includes:
- On the user profile: location, third party URLs, social media account URLs, personal biography, work sample descriptions, and media
- On event pages: location, date, time, description, third party URLs, your user profile, and media.
- On project pages: project title, date information, location, project description, your user profile, work sample descriptions, budget description, and media.
- If you choose to use Facebook to log into the Service we collect the minimum data required to access the Facebook API, which include your email address (you may read how Facebook uses your data here).
- If you choose to use Facebook to import events into the Service, we require access to your Facebook events, but we will only collect data on events that you manually import.
How we use personal information: We use your personal information as follows:
- To operate, maintain, and improve the Service.
- To customize your experience on the Service.
- To respond to comments and questions and provide customer service.
- To send information including confirmations, technical notices, updates, security alerts, and support and administrative messages.
- To communicate about upcoming events and other news.
- To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
How we share personal information: We may share personal information as follows:
- When you publish certain Content on the Service, we may share this information on social media platforms including but not limited to Facebook, Twitter, and Instagram.
- With your consent.
- For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to others’ privacy policies.
- For example, when you submit a piece of Content to the Service (e.g. project, event, etc), you are opting into the Content potentially being shared with funders and donors; on social media; in email newsletters; through RSS feed that is readable via third party platforms; and in other ways similar to the above sharing mechanisms.
- When we do a partnership deal, or negotiate a partnership deal, involving the transfer of all or a part of our organization or assets. These deals can include any merger, financing, or bankruptcy transaction or proceeding.
- For legal, protection, and safety purposes.
- To comply with laws. We may share information to respond to lawful requests and legal process.
- To protect the rights and property of New Music USA, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of service.
- In an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
- With those who need it to do work for us.
- We may also share aggregated and/or anonymized data with others for their own uses.
Transfer and storage of personal information: When you use the Service, your personal information is transferred from your location to servers under our control and provided by Rackspace US, Inc. in the United States where it is then stored. For more information on the security and privacy put in place by Rackspace, see https://www.rackspace.com/information/legal/securitypractices.
How long we store data: We store your data in perpetuity or until we receive a request to remove your data from the Service.
User’s rights to data: Your rights to your data include objecting to collection of your data, requesting a copy of your data, requesting a correction to your data, and requesting the erasure of your data. If you choose to object to collection of your data, you may not use the Service. You may exercise your rights to your data by sending a request to email@example.com.
- We use Google Analytics to process cookies to determine Service performance issues and improvements (you may read how Google uses your cookies and other data here).
- If you leave a comment on the Service you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
- If you have an account and you log in to the Service, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
- When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
- You can typically remove and reject cookies from the Service with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how the service works for you.
Marketing emails and transactional emails: We use MailChimp to send marketing emails. Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts. We use Mandrill to send non-marketing emails (you may read how MailChimp and Mandrill use your data here).
Security of your personal information: We take steps to help protect personal information. No company can fully prevent security risks, however. Mistakes may happen. Bad actors may defeat even the best safeguards. We will notify all users of a data breach on the Service within 72 hours of discovering a breach.
Rev: June 2018